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(영문) 서울동부지방법원 2018.12.07 2017가단23531
공사대금
Text

1. The Defendant’s KRW 48,200,00 and the Plaintiff’s annual rate of KRW 6% from September 22, 2017 to December 7, 2018.

Reasons

1. Basic facts

A. On July 11, 2016, the Plaintiff concluded a construction contract (hereinafter “instant construction contract”) with the same content as the written agreement (including the detailed statement of attached contract) in the attached Form No. 172,770,000 won (including additional tax), July 15, 2016, and January 14, 2017, with respect to the land-based F apartment construction project (hereinafter “instant construction project”), among the construction works for new land-based F apartment (hereinafter “instant construction project”) that the Defendant contracted with D, including Gangwon Yangyang-gun E, etc., with respect to which the Plaintiff entered into the instant construction contract.

B. The Plaintiff is not clear on March 7, 2017 by starting a substantial construction (inlet air) around August 21, 2016 following the preparation for commencement of construction.

H’s representative director appeared as a witness of this case and testified that the Corporation was completed on March 2017.

The construction of this case was completed, and the Defendant paid KRW 120 million out of the construction cost of this case to the Plaintiff.

C. Meanwhile, the Plaintiff suspended construction on the grounds of the Defendant’s failure to pay the construction price before the completion of the instant construction project, and subsequently resumed construction works upon receipt of a written statement of payment for the attached construction cost of KRW 41,178,160 from D as of March 6, 2017. The Plaintiff received KRW 10 million from the said company in accordance with the respective payment form.

The plaintiff filed a lawsuit (payment order) seeking payment of KRW 31.2 million against D based on the above payment note, and was sentenced to a favorable judgment in the first instance court (Seoul Eastern District Court 2018da125182).

( are still pending in the appellate trial). . [Grounds for recognition] without dispute, Gap evidence 1 to 4, Eul evidence 1 and 11, witness G testimony and the purport of the whole pleadings.

2. Determination as to the cause of action

A. According to the facts of the above recognition of the claim for the remainder of the construction project, barring special circumstances, the Defendant is obligated to pay the Plaintiff the remainder of the construction project amounting to KRW 42.7 million (i.e., KRW 177 million - KRW 120 million - KRW 100 million - KRW 10 million paid by D).

(b)in addition to arrangements;

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